The Rules of the Game Have Changed in Patent Litigation

June 1, 2015 Published Work
New York Law Journal, Complex Litigation Section

The past few years have seen monumental changes to U.S. patent law. Indeed, anyone who has not recently litigated a patent case will discover a game with changed fundamental rules and strategies. The days where a holder of a marginal patent can rest assured that the presumption of validity, the cost of litigation and favorable forums will lead to victory are now over.

The recent changes to patent law dictate an overhaul of patent litigation practices and create the opportunity for new strategies. The changed laws can be leveraged to get better results. The savvy will be able to use the new rules for quicker victories and cost savings.

There are also evolving issues that litigators should continue to monitor, since the courts have not yet provided enough guidance as to developing contours of the changed laws.

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